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Session of 2025
SENATE BILL No. 110
By Committee on Judiciary
1-29
AN ACT concerning the revised Kansas juvenile justice code; prohibiting
the use of restraints during hearings; authorizing exceptions if the court
makes certain findings on the record; defining hearing under the code;
amending K.S.A. 38-2353 and K.S.A. 2024 Supp. 38-2302 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Except as provided in subsection (b), restraints
shall not be used on a juvenile during a hearing and shall be removed prior
to the juvenile's appearance before the court.
(b) (1) The court, on its own motion or upon the recommendation of
an officer of the court or the county or district attorney, may authorize the
use of restraints on a juvenile during a hearing if the court makes a finding
on the record that such restraints are the least restrictive means available
and are necessary for any of the following reasons:
(A) To prevent physical harm to the juvenile or another person during
the hearing;
(B) there is a well-founded belief that the juvenile is a substantial
flight risk; or
(C) the juvenile has a recent history of disruptive behavior that has
placed others at risk of substantial physical harm.
(2) If an officer of the court or the county or district attorney
recommends the use of restraints on a juvenile, such recommendation shall
be made part of the record.
(3) If the court orders the use of restraints on a juvenile, the court
shall:
(A) Make written findings of fact in support of such order; and
(B) order the use of the least restrictive restraints necessary and allow
the juvenile sufficient movement of the hands to be able to read and handle
documents and writings necessary to the hearing.
(c) (1) The use of any restraints necessary for purposes of security
and courtroom decorum shall properly account for the care, protection and
positive mental and physical development of the juvenile.
(2) A juvenile shall not be restrained to a wall, the floor, another
juvenile or furniture during a hearing under any circumstances.
(d) This section shall be a part of and supplemental to the revised
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SB 110 2
Kansas juvenile justice code.
Sec. 2. K.S.A. 2024 Supp. 38-2302 is hereby amended to read as
follows: 38-2302. As used in this code, unless the context otherwise
requires:
(a) "Commissioner" means the secretary of corrections or the
secretary's designee.
(b) "Community supervision officer" means any officer from court
services, community corrections or any other individual authorized to
supervise a juvenile on an immediate intervention, probation or
conditional release.
(c) "Conditional release" means release from a term of commitment
in a juvenile correctional facility for an aftercare term pursuant to K.S.A.
38-2369, and amendments thereto, under conditions established by the
secretary of corrections.
(d) "Court-appointed special advocate" means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-2306, and
amendments thereto, who is appointed by the court to represent the best
interests of a child, as provided in K.S.A. 38-2307, and amendments
thereto, in a proceeding pursuant to this code.
(e) "Detention risk assessment tool" means a risk assessment
instrument adopted pursuant to K.S.A. 75-7023(f), and amendments
thereto, used to identify factors shown to be statistically related to a
juvenile's risk of failing to appear in court or reoffending pre-adjudication
and designed to assist in making detention determinations.
(f) "Educational institution" means all schools at the elementary and
secondary levels.
(g) "Educator" means any administrator, teacher or other professional
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in K.S.A. 72-6143(a)(1) through (5), and
amendments thereto.
(h) "Evidence-based" means practices, policies, procedures and
programs demonstrated by research to produce reduction in the likelihood
of reoffending.
(i) "Graduated responses" means a system of community-based
sanctions and incentives developed pursuant to K.S.A. 38-2392 and 75-
7023(h) and 38-2392 , and amendments thereto, used to address violations
of immediate interventions, terms and conditions of probation and
conditional release and to incentivize positive behavior.
(j) "Immediate intervention" means all programs or practices
developed by the county to hold juvenile offenders accountable while
allowing such offenders to be diverted from formal court processing
pursuant to K.S.A. 38-2346, and amendments thereto.
(k) "Institution" means the Larned juvenile correctional facility and
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SB 110 3
the Kansas juvenile correctional complex.
(l) "Investigator" means an employee of the department of corrections
assigned by the secretary of corrections with the responsibility for
investigations concerning employees at the juvenile correctional facilities
and juveniles in the custody of the secretary of corrections at a juvenile
correctional facility.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there is:
(A) Total separation of the juvenile and adult facility spatial areas such that
there could be no haphazard or accidental contact between juvenile and
adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including
recreation, education, counseling, health care, dining, sleeping and general
living activities; and (C) separate juvenile and adult staff, including
management, security staff and direct care staff such as recreational,
educational and counseling.
(n) "Juvenile" means a person to whom one or more of the following
applies, the person: (1) Is 10 or more years of age but less than 18 years of
age; (2) is alleged to be a juvenile offender; or (3) has been adjudicated as
a juvenile offender and continues to be subject to the jurisdiction of the
court.
(o) "Juvenile correctional facility" means a facility operated by the
secretary of corrections for the commitment of juvenile offenders.
(p) "Juvenile corrections officer" means a certified employee of the
department of corrections working at a juvenile correctional facility
assigned by the secretary of corrections with responsibility for maintaining
custody, security and control of juveniles in the custody of the secretary of
corrections at a juvenile correctional facility.
(q) "Juvenile detention facility" means a public or private facility
licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto, which that is used for the lawful
custody of alleged or adjudicated juvenile offenders.
(r) "Juvenile intake and assessment worker" means a responsible
adult trained and authorized to perform intake and assessment services as
part of the intake and assessment system established pursuant to K.S.A.
75-7023, and amendments thereto.
(s) "Juvenile offender" means a person who commits an offense while
10 or more years of age but less than 18 years of age which if committed
by an adult would constitute the commission of a felony or misdemeanor
as defined by K.S.A. 21-5102, and amendments thereto, or who violates
the provisions of K.S.A. 21-6301(a)(14), 41-727 , or 74-8810(j) or 21-
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SB 110 4
6301(a)(14), and amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic offense,
as defined in K.S.A. 8-2117(d), and amendments thereto;
(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code following
termination of status as an extended jurisdiction juvenile pursuant to
K.S.A. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign
jurisdiction under substantially similar procedures described in K.S.A. 38-
2347, and amendments thereto, or because of attaining the age of majority
designated in that state or jurisdiction.
(t) "Law enforcement officer" means any person who by virtue of that
person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.
(u) "Overall case length limit" when used in relation to a juvenile
adjudicated a juvenile offender means the maximum jurisdiction of the
court following disposition on an individual case. Pursuant to K.S.A. 38-
2304, and amendments thereto, the case and the court's jurisdiction shall
terminate once the overall case length limit expires and may not be
extended.
(v) "Parent" when used in relation to a juvenile, includes a guardian
and every person who is, by law, liable to maintain, care for or support the
juvenile.
(w) "Probation" means a period of community supervision ordered
pursuant to K.S.A. 38-2361, and amendments thereto, overseen by either
court services or community corrections, but not both.
(x) "Reasonable and prudent parenting standard" means the standard
characterized by careful and sensible parental decisions that maintain the
health, safety and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child in foster
care under the responsibility of the state to participate in extracurricular,
enrichment, cultural and social activities.
(y) "Reintegration plan" means a written document prepared in
consultation with the child's parent or guardian that:
(1) Describes the reintegration goal, which, if achieved, will most
likely give the juvenile and the victim of the juvenile a permanent and safe
living arrangement;
(2) describes the child's level of physical health, mental and
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SB 110 5
emotional health and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided to the child, the child's
family and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed to
achieve the plan and to whom assigned;
(6) includes measurable objectives and time schedules for achieving
the plan; and
(7) if the child is in an out of home placement:
(A) Provides a statement for the basis of determining that
reintegration is determined not to be a viable option if such a
determination is made and includes a plan for another permanent living
arrangement;
(B) describes available alternatives;
(C) justifies the alternative placement selected, including a
description of the safety and appropriateness of such placement; and
(D) describes the programs and services that will help the child
prepare to live independently as an adult.
(z) "Risk and needs assessment" means a standardized instrument
administered on juveniles to identify specific risk factors and needs shown
to be statistically related to a juvenile's risk of reoffending and, when
properly addressed, can reduce a juvenile's risk of reoffending.
(aa) "Secretary" means the secretary of corrections or the secretary's
designee.
(bb) "Technical violation" means an act that violates the terms or
conditions imposed as part of a probation disposition pursuant to K.S.A.
38-2361, and amendments thereto, and that does not constitute a new
juvenile offense or a new child in need of care violation pursuant to K.S.A.
38-2202(d), and amendments thereto.
(cc) "Warrant" means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into
custody the juvenile named or described therein.
(dd) "Youth residential facility" means any home, foster home or
structure which that provides 24-hour-a-day care for juveniles and which
is licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of
the Kansas Statutes Annotated, and amendments thereto.
(ee) "Behavioral health crisis" means behavioral and conduct issues
that impact the safety or health of a juvenile, members of the juvenile's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns.
(ff) "Hearing" means any court proceeding held under this code,
including, but not limited to, detention, first appearance, adjudicatory,
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SB 110 6
dispositional and sentencing hearings.
(gg) "Restraints" means handcuffs, leg shackles, leg irons, belly belts,
belly chains or other restraint devices used to restrict a juvenile's free
movement of limbs or appendages, including, but not limited to, those
made of cloth and leather.
Sec. 3. K.S.A. 38-2353 is hereby amended to read as follows: 38-
2353. (a) All hearings shall be open to the public, unless the judge
determines that opening the hearing to the public is not in the best interests
of the victim or of any juvenile who at the time of the alleged offense was
less than 16 years of age.
(b) If the court determines that opening the court proceedings to the
public is not in the best interest of the juvenile, the court may exclude all
persons except the juvenile, the juvenile's parents, attorneys for parties,
officers of the court, the witness testifying and the victim, as defined in
subsection (b) of K.S.A. 74-7333 (b), and amendments thereto, or such
members of the victim's family, as defined in subsection (c)(2) of K.S.A.
74-7335(c)(2), and amendments thereto, as the court deems appropriate.
Upon agreement of all parties, the court shall allow other persons to attend
the hearing unless the court finds the presence of the persons would be
disruptive to the proceedings.
(c) As used in this section, "hearings" shall include detention, first
appearance, adjudicatory, sentencing and all other hearings held under this
code. Nothing in this section shall limit the judge's authority to sequester
witnesses.
Sec. 4. K.S.A. 38-2353 and K.S.A. 2024 Supp. 38-2302 are hereby
repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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